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Question About Website Copyright


Parrothead

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I don't even know how to ask this LOL...I'll do my best.

I did a complete website for a friend of mine who is an artist here in Houston. He paid me for the design, and I maintained the site itself for about a year or two until I got too busy and he decided to host the site with his brother's company.

Well, I went to the site today and there was the site I designed, with just a few updates on his art and shows. The site itself, logo, colors, fonts, text, etc are all my original work.

I scroll down to the bottom and it says "website design by Consulting Group, Inc." (which is his brother's company) right where it used to say "website design by TIS, LLC" (which is MY company).

:o

I was like, huh? Is that pretty standard then? I could understand "website maintained by Consulting Group, Inc" but they never designed that site--I did.

Just curious because I feel like drafting an email that just says, "hey...can you change that?"

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I really didn't want everyone to know who it is or else I would probably have posted it myself...

:mellow:

But since you've taken the liberty of doing so, yes, it is. John is my friend and I don't want to step on any toes which is why I was asking.

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If that doesn't work, I'd sue him. But hey, thats me. ;)

Hah....grey area at best....you'd blow more money fighting that one than it could ever possibly be worth. Furthermore, if it was a work for hire, then you have no standing in the matter at all....its all up to the purchaser.

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I would think in cases like this the person you created the site for would retain ownership of the design and content. I think that's usually how these things work. For example, advertising and graphics agencies may create brand logos for companies, which are trademarked. But the company the logo was designed for owns the trademark, not the agency or designer who created it. This would probably be similar.

I'd just politely ask your friend to change the wording back, and maybe insert a plug for his brother's company that says "manged by..." as others mentioned.

But I do understand your frustration. I created a number of things for my previous company that I wish I could have taken with me but unfortunately they are the property of the company, and I have no ownership claim to them.

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I totally understand that he owns the design because he paid for it--that makes sense. I guess I was irritated that his brother is claiming to have designed it and he didn't. I'm kind of a "give credit where credit is due" kind of person. It just seems like lying to me.

Ah, well.

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http://www.google.com/search?q=work+for+hire

I disagree. This is why there are so many suits over major corporations, their logos, and some guy in a basement in middle america who supposedly designed the original, only to have it allegedly stolen.

Unless there is a written contract stating under whatever circumstances, that he would gain ownership of the design of the site, then technically he could never to be the designer.

He's basically saying that he designed the site - not you. Its a black & white issue. If he wants to keep the design, he needs to acknowledge correctly the designer, or attempt to purchase the design rights.

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We never signed anything. It was just a friendly verbal thing, like this:

"Hey, will you do my website for me?"

"Sure."

:lol:

Citykid, when you log on will you please delete the logo and the link you posted? I'd rather not have that on here permanently. Thank you.

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Wow. That's too bad. I think 27 is right -- all you can do is ask.

If there was some paperwork, you might have a shot.

If you were hosting the site, you might have a shot.

But essentially you were an independent contractor for them and did some work which they now own the rights to.

I guess an analogy would be how my wife once did a huge painting for a client. It took her months. When it was done, the buyer paid for it, and was nice enough to invite us to a party for its unveiling. At the party, the hose claimed it was HER painting and that she painted it. Of course, this was not true (which you could tell by the signature). But we were polite, and since she paid for it, it was hers to do with as she wished. She could burn it, shred it, sell it to someone else, or even lie about it. It's hers and we kept out mouths shut and left early.

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